Schenck v. U.S. : Follow Up Questions

1) Do you think Schenck would be convicted if this occurred during the Vietnam or Gulf War?

2) Do you think Holmes' analogy of "crying "fire!" in a crowded theater" is a valid one for this case? Why, or why not?

3) The Espionage Act did not outlaw speech specifically, but only acts. Should this matter? Or should there be specific laws which proscribe certain types of speech?

 

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